What is eminent domain?
Eminent domain is a power held by the government—especially federal and state governments in the United States—that allows them to seize privately owned property for public use. In Massachusetts, this power is granted under the Massachusetts Declaration of Rights. In most cases, the government must provide “just compensation” to the owners of the property—compensation that is fair and equal to what they would have received on the open market. Eminent domain is often used when the government needs to build roads, bridges, or other public works projects. This is because these projects typically require a large amount of land, and it’s often much cheaper and more efficient for the government to simply seize it rather than purchase it from private owners. In some cases, eminent domain may also be used for military purposes, such as when the government needs to build a military base or other installation. Eminent domain is an incredibly powerful tool, and it’s not without controversy. Critics argue that it allows the government to take private property without proper consideration for the economic and emotional consequences for the affected property owners. On the other hand, proponents argue that it’s a necessary tool for the government to build and maintain the infrastructure and other projects that benefit the entire community.
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